Excessive noise

326 Meaning of excessive noise

(1)

In this Act, the term excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person (other than a person in or at the place from which the noise is being emitted), but does not include any noise emitted by any—

(a)

aircraft being operated during, or immediately before or after, flight; or

(b)

vehicle being driven on a road (within the meaning of section 2(1) of the Land Transport Act 1998); or

(c)

train, other than when being tested (when stationary), maintained, loaded, or unloaded.

(2)

Without limiting subsection (1), excessive noise

(a)

includes noise that exceeds a standard for noise prescribed by a national environmental standard; and

(b)

may include noise emitted by—

(i)

a musical instrument; or

(ii)

an electrical appliance; or

(iii)

a machine, however powered; or

(iv)

a person or group of persons; or

(v)

an explosion or vibration.

Section 326(1)(b): amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 326(1)(c): replaced, on 17 December 1997, by section 54 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 326(2): replaced, on 1 August 2003, by section 85 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 326(2)(a): amended, on 10 August 2005, by section 119 of the Resource Management Amendment Act 2005 (2005 No 87).